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09 April 2009 / Finola Moss
Issue: 7364 / Categories: Features , Child law , Family
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A social panacea?

Finola Moss asks whether the Adoption Act 2002 is a step too far

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The Adoption Act 1926 was a response to a pressing social need for child protection and the formalisation of adoption. Legislation introducing the concept of transplanting a child for ever into a new family had been stalled for a long time, because of the abhorrence of the common law to the alienation of a parent's right to their children. An adoption still required a mentally competent parent's consent. Fifty years later, the Adoption Act 1976 allowed an adoption if such consent was being unreasonably withheld.

The Adoption and Children Act 2002 (ACA 2002) would provide expeditious adoptions for children in care with forever families. It placed a child's needs at the centre of the adoption process, aligning adoption law with the welfare principle in the Children Act 1989 (ChA 1989), dispensing with a parent's consent if thought necessary in the child's welfare. The once hallowed, inalienable common law right became silently subsumed and overridden

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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